Joseph A. and Sari F. Deihl - Page 36

                                       - 36 -                                         
          assertion that security expenses were 96 to 97 percent business             
          in nature and only 3 to 4 percent personal is likewise in direct            
          conflict with the respective charges shown for the Foothill Drive           
          and 24th Street properties in the proffered invoices.  Thus, what           
          testimony was offered concerning the proportion of security costs           
          attributable to the residence has proven unreliable.  Nor have              
          petitioners suggested grounds on which any particular expenses              
          disallowed as potentially residential should not be subject to              
          the proscriptions of section 280A.                                          
               Regarding costs for security while traveling, Mr. Deihl                
          testified that guards secured merchandise at conventions but also           
          protected family members, particularly children, by acting as a             
          buffer between them and the distributors and by escorting them              
          amongst the various rooms, etc.  Petitioners’ sole and entire               
          argument on brief addressing security is as follows:  “we find              
          that Respondent disallowed almost $12,000 in security expense               
          with respect to security guards during a trip to Puerto Rico in             
          February of 1998 for Petitioners’ training.  Petitioners                    
          testified about the need for security during their business                 
          trips.”                                                                     
               The referenced outlay is evidenced by an invoice from                  
          Michael Reed dated February 18, 1998, showing three charges.  The           
          first is $8,646 for 752 hours, at the stated rate of $11.50 per             
          hour, on 2/8/98 through 2/21/98, at the location “POST 1”.  Next            






Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011